1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On February 27, 2019, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff, a merchant conducting painting business, etc. on the trade name D, under which the Defendant entered into a contract with the Plaintiff on the condition that the Defendant would re-contract the Plaintiff (hereinafter “instant subcontract”) with the construction cost of KRW 52,00,000,00 (the contract price shall be 20% of the contract price, the intermediate payment shall be replaced with the material cost, and the intermediate payment shall be replaced with the intermediate payment, and the remainder shall be paid within two days after the completion inspection is completed, and the remainder shall be paid within two days after the receipt of the remainder), the commencement date on February 18, 2019, and the completion date of the scheduled subcontract on March 30, 2019.

B. The Plaintiff completed the contracted construction work in accordance with the instant subcontract.

C. Meanwhile, before and after the completion of the Plaintiff’s above construction work, the Defendant was suffering from financial difficulties, such as failure to pay the construction cost properly to other construction site workers, and the Plaintiff urged the Defendant to pay the remainder of the construction work in consideration of such circumstances.

Accordingly, on April 28, 2019, the Defendant prepared a letter of delegation to the effect that “The council of occupants’ representatives, which is the principal contractor, shall pay the Plaintiff the amount of KRW 32,601,551, out of KRW 72,334,00 of the construction cost of underground parking lots to be received by the Defendant, shall be paid directly to the Plaintiff, who is the contractor of the instant subcontract (hereinafter “the letter of delegation of this case”)” and issued it to the Plaintiff.

The power of attorney for payment (Evidence A) states that the underground road construction team A (Plaintiff) and seven other persons shall pay 32,601,551 won directly to the labor cost. However, there is no particular dispute between the parties that the above documents are prepared to mean that the council of occupants' representatives would pay the construction cost of the subcontract contract of this case between the plaintiff and the defendant to the plaintiff on behalf of the defendant.

(First Statement of Pleadings).

On May 17, 2019, the Plaintiff claimed construction price against the Defendant.